FAQ Series - Can Someone Get In Trouble For Lying About Me Online?
- Hampton Law Firm ⚖️
- May 25
- 3 min read
Louisiana defamation, screenshots, false accusations, and online posts.
Yes, sometimes. In Louisiana, someone can face civil liability for false statements that damage another person's reputation. But not every rude post, insult, exaggeration, bad review, or ugly comment is defamation. The legal question is usually whether the statement was presented as fact, whether it was false, whether it was published to someone else, whether it was privileged, whether the speaker was at fault, and whether it caused legal injury.
Louisiana Civil Code article 2315 is the general fault article, providing that every act of a person that causes damage to another obliges the person at fault to repair it. Louisiana courts describe defamation as a tort involving injury to reputation and good name. The Louisiana Supreme Court has identified the elements as a false and defamatory statement concerning another, unprivileged publication to a third party, fault by the publisher, and resulting injury.
Online statements can qualify as publication because other people can see, share, screenshot, comment on, or repeat them. A Facebook post, TikTok video, Instagram story, Google review, group message, public comment, business review, or shared screenshot may create legal exposure if it contains false factual accusations. The more specific and factual the accusation, the more serious the risk.
Louisiana defamation law treats some statements as especially serious. Words that expressly or implicitly accuse someone of criminal conduct, or that by their nature tend to injure a person’s personal or professional reputation, may be considered defamatory per se under Louisiana jurisprudence. Accusing someone online of abuse, theft, fraud, drug dealing, child neglect, domestic violence, professional misconduct, or criminal behavior can be much more legally dangerous than calling someone rude names.
There is an important difference between opinion and false fact. Saying “I think he is a terrible contractor” may be treated differently from saying “he stole my deposit and committed fraud” if that factual accusation is false. Saying “she is a bad parent” may be different from falsely claiming “she abuses her child” or “she has an open criminal case.” Courts look at context, wording, audience, and whether the statement can be proven true or false.
Truth is a major defense. Louisiana Revised Statutes 13:3602 allows a defendant in a civil suit for slander, defamation, or libel to plead and prove the truth of the allegedly defamatory words. That does not mean a person should post everything they know online. It means that a defamation case often turns heavily on proof. If the statement is true and provable, that is very different from a rumor, assumption, exaggeration, or emotional accusation.
Privilege can also matter. Some communications to police, courts, attorneys, agencies, or in legal proceedings may receive legal protection depending on the circumstances. But people should not assume that every report, post, or message is protected just because they believe it is important. Publicly posting accusations online is different from making a good-faith report through proper channels.
If you are the person being lied about, preserve evidence immediately. Take screenshots that show the statement, date, profile name, URL if available, comments, shares, and audience. Save messages before they disappear. Identify witnesses who saw the post. Keep proof of harm, such as lost work, customer cancellations, school issues, threats, embarrassment, business damage, or relationship consequences. Do not respond with your own defamatory post. A public fight can damage your case and create claims against you.
If you are tempted to post about someone else, pause. Do not accuse someone of a crime, abuse, theft, fraud, disease, professional misconduct, or sexual behavior unless you have legal advice and proof. Do not turn a custody dispute, divorce, criminal accusation, workplace dispute, or neighborhood fight into a public defamation problem. The internet is not a courtroom, and screenshots do not disappear just because a post is deleted.
Online Statement | Legal Risk |
“I do not like this business.” | Usually lower risk if clearly opinion. |
“This person stole money from me.” | Higher risk if false or unproven. |
“She abuses her child.” | Very high risk if false; may be defamatory per se. |
“He is under investigation.” | Risk depends on truth, context, and proof. |
“In my opinion, he is dishonest.” | Still risky if it implies undisclosed false facts. |
Hampton Law Firm Note: Not every ugly post is defamation, but false factual accusations can create serious Louisiana legal exposure. If someone is lying about you online, preserve the evidence before responding.
Judith L. Hampton
Attorney At Law
Hampton Law Firm
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